PVL2602 201 mcqs q and a.

Tutorial Letter 201/1/2015 1. Which one of the following is NOT a requirement for a civil marriage? [1] The marriage between the parties must be lawful. [2] There must be agreement between the parties to enter into a civil marriage with each other. [3] The parties must both have attained the age of majority. [4] The prescribed formalities must be complied with. 2. Which one of the following is NOT a requirement for the duty of support between spouses in a civil marriage? [1] A valid civil marriage must exist between the parties. [2] The person claiming support must be in need of support. [3] The person claiming support must be unable to obtain support from his or her parents. [4] The person from whom the support is claimed must be able to provide it. 3. Before their marriage, Jack and Gill agreed that they would marry out of community of property. They signed an antenuptial contract, but this contract was never properly executed and registered. What must Jack and Gill now do to ensure that they are formally married out of community of property? [1] They must bring a court application in terms of section 21(1) of the Matrimonial Property Act 88 of 1984 for leave to change their matrimonial property system. [2] They must enter into a postnuptial written agreement and have it notarially executed. [3] They must bring a court application in terms of section 88 of the Deeds Registries Act 47 of 1937 for permission to have the contract executed and registered after the marriage. [4] They do not have to do anything. 4. In which one of the following instances does a party who is married in community of property NOT have capacity to litigate according to section 17(1) of the Matrimonial Property Act 88 of 1984? PVL2602 201 mcqs q and a. 2 [1] Proceedings relating to the recovery of non-patrimonial damages for a delict that was committed against the spouse. [2] Proceedings with regard to the spouse’s profession, trade or business. [3] Proceedings relating to the spouse’s separate property. [4] Proceedings with regard to household necessities. 5. Which legal legal concept is used to determine that a normal marriage relationship no longer exists between spouses? [1] Boni mores [2] Animus iniuriandi [3] Pactum successorium [4] Consortium omnis vitae 6. Which one of the following sections contains guidelines which indicate whether a marriage or civil union has broken down irretrievably? [1] Section 4(2) of the Mediation in Certain Divorce Matters Act [2] Section 4(2) of the Matrimonial Affairs Act [3] Section 4(2) of the Civil Union Act [4] Section 4(2) of the Divorce Act 7. Nowadays an employable woman is increasingly granted the following maintenance award upon divorce: [1] Token maintenance [2] Permanent maintenance [3] Rehabilitative maintenance [4] Lump-sum maintenance 8. Parties married in accordance with the Civil Union Act 17 of 2006 may legally refer to their marriage relationship as … [1] a civil partnership only. [2] a domestic partnership only. 3 [3] a marriage or a civil partnership. [4] a marriage or a domestic partnership. 9. Mr Khumalo married two wives in terms of customary law before the coming into operation of the Recognition of Customary Marriages Act 120 of 1998. Their matrimonial property system is … [1] determined by customary law. [2] in community of property. [3] out of community of property with accrual. [4] out of community of property without accrual 10. A parent’s duty of support in respect of a child will always terminate … [1] when the parent is declared insolvent. [2] when the child enters into a marriage. [3] when the child is adopted. [4] when the child becomes self-supporting. Assignment 3 1. A man may not enter into a civil marriage with his ex-wife’s mother because they are related to each other by ... [1] consanguinity (blood relationship) in the direct line. [2] consanguinity (blood relationship) in the collateral line. [3] affinity (relationship by marriage) in the direct line. [4] affinity (relationship by marriage) in the collateral line. 2. A putative marriage is described as a ... [1] marriage which has simply never come into existence and which has no legal consequences of a valid marriage. [2] marriage in which grounds are present, either before or at the time of the wedding, on the basis of which the court can be requested to set the marriage aside. [3] marriage in which one of the parties (or both of them) enters into a marriage while being unaware that there is a defect which renders the marriage void.